David Carls was employed by Claremont College as a sign painter. Carls sustained a work injury to his shoulder and neck in 1996, filed a workers’ compensation claim and received temporary disability payments.

Carls injured his back in 1997 after arriving at work two hours early. Although he notified his employer, the employer did not advise him of his potential eligibility for workers’ compensation and furnish him with a claims form, as required by law. The employer’s workers’ compensation manager questioned why he had come to work so early and gave him a “hard time.” Because of this, Carls went to his own doctor for treatment.